[Federal Register Volume 64, Number 40 (Tuesday, March 2, 1999)]
[Proposed Rules]
[Pages 10119-10121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4577]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6234-9]
RIN 2060-AH95


Amendment to National Standards of Performance for Steel Plants: 
Electric Arc Furnaces Constructed After October 21, 1974, and On or 
Before August 17, 1983, and Electric Arc Furnaces Constructed After 
August 17, 1983

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments to rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is proposing to amend the national standards of 
performance for new stationary sources (NSPS) for electric arc furnaces 
(EAF) constructed after October 21, 1974, and on or before August 17, 
1983 (40 CFR part 60, subpart AA), and the NSPS for EAF constructed 
after August 17, 1983 (40 CFR part 60, subpart AAa). Changes to both 
rules are being proposed to add alternative requirements for the 
monitoring of EAF capture systems in response to recommendations made 
by the Common Sense Initiative (CSI) subcommittee on iron and steel. 
The CSI was established by the Administrator to bring together affected 
stakeholders to find cleaner, cheaper, and smarter environmental 
management solutions. In addition, the EPA is proposing to make a 
number of editorial changes and to clarify two definitions.
    In the Final Rules section of this Federal Register, EPA is 
amending 40 CFR part 60, subpart AA and 40 CFR subpart AAa as a direct 
final rule without prior proposal because the Agency views these 
amendments as noncontroversial and anticipates no adverse comments. A 
detailed rationale for these amendments is set forth in the direct 
final rule. If no adverse comments are received, no further activity is 
contemplated in relation to this rule. If EPA receives adverse 
comments, EPA will withdraw the direct final rule and it will not take 
effect. All adverse public comments received will be addressed in a 
subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period on this action. Parties interested in 
commenting on the direct final rule should do so at this time.

DATES: Comments. Comments must be received on or before April 1, 1999, 
unless a hearing is requested by March 12, 1999. If a hearing is 
requested, written comments must be received by April 16, 1999.
    Public Hearing. Anyone requesting a public hearing must contact the 
person listed below under FOR FURTHER INFORMATION CONTACT no later than 
March 12, 1999. If a hearing is held, it will take place on March 17, 
1999, beginning at 10:00 a.m.

ADDRESSES: Comments. Written comments should be submitted to: Docket A-
79-33, U.S. EPA, Air & Radiation Docket & Information Center, 401 M 
Street, S.W., Room 1500, Washington, D.C. 20460. Docket. Docket No. A-
79-33, containing information considered by the EPA in development of 
this action, is available for public inspection and copying between 
8:00 a.m. and 5:30 p.m., Monday through Friday except for Federal 
holidays, at the following address: U.S. Environmental Protection 
Agency, Air and Radiation Docket and Information Center (MC-6102), 401 
M Street, S.W., Washington, D.C. 20460; telephone (202) 260-7548. The 
docket is located at the above address in Room M-1500, Waterside Mall 
(ground floor). A reasonable fee may be charged for copying.
    Public Hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina. Persons interested in attending the hearing or wishing 
to present oral testimony should notify Mr. Kevin Cavender, Metals 
Group, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone (919) 541-2364.

FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Metals Group, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711; telephone (919) 
541-2364.

SUPPLEMENTARY INFORMATION: If no adverse comments are timely received, 
no further activity is contemplated in relation to this proposed rule 
and the direct final rule in the final rules section of this Federal 
Register will automatically go into effect on the date specified in 
that rule. If adverse comments are timely received, the direct final 
rule will be withdrawn and all public comment received will be 
addressed in a subsequent final rule. Because the EPA will not 
institute a second comment period on this proposed rule, any parties 
interested in commenting should do so during this comment period.
    For further supplemental information, the detailed rationale, and 
the

[[Page 10120]]

provisions of the amendments, see the information provided in the 
direct final rule in the final rules section of this Federal Register.

Administrative Requirements

Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rulemaking. The docket 
is a dynamic file, since material is added throughout the rulemaking 
development. The docket system is intended to allow members of the 
public and affected industries to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the background information documents (BIDs) and preambles to 
the proposed and promulgated standards, the contents of the docket, 
excluding interagency review materials, will serve as the official 
record in case of judicial review (section 307(d)(7)(A) of the Act).

Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether a regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Executive Order defines ``significant regulatory 
action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that these amendments to the final EAF rules 
are not a ``significant regulatory action'' under the terms of the 
Executive Order and are therefore not subject to OMB review.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any one year. This action only provides affected EAF owners 
and operators with alternative monitoring options. Thus, today's rule 
is not subject to the requirements of sections 202 and 205 of the UMRA.

Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's amendments do not create a mandate on State, local or tribal 
governments. The amendments do not impose any enforceable duties on 
these entities. Accordingly, the requirements of section 1(a) of 
Executive Order 12875 do not apply to these amendments.

Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.'' Today's 
amendments do not significantly or uniquely affect the communities of 
Indian tribal governments. This action only provides affected EAF 
owners and operators with alternative monitoring options. Accordingly, 
the requirements of section 3(b) of Executive Order 13084 do not apply 
to this action.

Paperwork Reduction Act

    The Office of Management and Budget (OMB) approved the information 
collection requirements contained in the

[[Page 10121]]

two final EAF rules under the provisions of the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. and assigned the OMB control number 2060-
0038.
    The information collection requirements in these amendments will be 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
information Collection Request (ICR) document has been prepared by EPA 
(ICR No. 1060.09) and copies may be obtained from Sandy Farmer by mail 
at OP Regulatory Information Division; U.S. Environmental Protection 
Agency (2137); 401 M St., S.W.; Washington, DC 20460, by email at 
[email protected], or by calling (202)-260-2740. A copy may also be 
downloaded off the Internet at http://www.epa.gov/icr. The information 
requirements in these amendments are not effective until OMB approves 
them.
    The proposed information requirements are based on recordkeeping, 
and reporting requirements in the NESHAP general provisions (40 CFR 
part 60, subpart A), which are mandatory for all owners or operators 
subject to national emission standards. These recordkeeping and 
reporting requirements are specifically authorized by section 114 of 
the Act (42 U.S.C. 7414). All information submitted to the EPA pursuant 
to the recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to Agency policies set 
forth in 40 CFR part 2, subpart B.
    The annual increase to monitoring, recordkeeping, and reporting 
burden for this amendment is estimated at 11,375 labor hours at a total 
cost of $398,238.75 nationwide, and the annual average increase in 
burden is 175 labor hours and $6,126.75 per source. This estimate 
includes daily shop opacity observations and associated semi-annual 
excess emissions reports and recordkeeping. There will be no increase 
in annualized capital/startup costs as a result of the new alternative 
monitoring requirements.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the Director, OPPE Regulatory 
Information Division; U.S. Environmental Protection Agency (2137); 401 
M St., S.W.; Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, marked ``Attention: Desk Officer for EPA.'' 
Comments are requested within April 1, 1999. Include the ICR number in 
any correspondence.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. These proposed amendments would not have a significant 
impact on a substantial number of small entities because these 
amendments only provide alternative compliance options designed to 
provide facilities with increased flexibility. Therefore, I certify 
that this action will not have a significant economic impact on a 
substantial number of small entities.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., material specifications, test methods, 
sampling and analytical procedures, business practices) that are 
developed or adopted by voluntary consensus standards bodies. The NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable voluntary consensus 
standards. This action does not involve technical standards other than 
those already specified in the original EAF rules.

Protection of Children From Environmental Health Risks and Safety Risk 
Under Executive Order 13045

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1): Is determined to be ``economically significant'' 
as defined under E.O. 12866, and (2) concerns an environmental health 
or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets E.O. 13045 as applying only to those regulatory 
actions that are based on health or safety risks, such that the 
analysis required under section 5-501 of the Order has the potential to 
influence the regulation. This action is not subject to E.O. 13045 
because it does not establish an environmental standard intended to 
mitigate health or safety risks.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Electric arc 
furnace, Monitoring requirements, Reporting and recordkeeping 
requirements.

    Dated: February 17, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-4577 Filed 3-1-99; 8:45 am]
BILLING CODE 6560-50-P